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Articles 1 - 30 of 39
Full-Text Articles in Social Welfare Law
Social Security Disability And Alcoholism: A Proposal For Reform, Kenneth L. Matheny
Social Security Disability And Alcoholism: A Proposal For Reform, Kenneth L. Matheny
Kenneth L Matheny
No abstract provided.
Democratizing Startups, Seth C. Oranburg
Democratizing Startups, Seth C. Oranburg
Seth C Oranburg
The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into huge …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Walter J. Kendall lll
No abstract provided.
Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation Iii
Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation Iii
George A Nation III
Hospital list prices, contained in something called a chargemaster are insanely high, often running 10 times the amount that hospitals routinely accept as full payment from insurers. Moreover, the relative level of a particular hospital’s chargemaster prices bears no relationship to either the quality of the services the hospital provides or, to the cost of the services provided. The purpose of these fictitious list prices is to serve as a starting point or anchoring point, for negotiations with third-party payers regarding the amount that they will actually pay the hospital for it’s goods and services.
Ironically, there is widespread agreement, …
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
For Goodness’ Sake: A Two-Part Proposal For Remedying The U.S. Charity/Justice Imbalance, Fran Quigley
Fran Quigley
The U.S. approach to addressing economic and social needs strongly favors individual and corporate charity over the establishment and enforcement of economic and social rights. This charity/justice imbalance has a severely negative impact on the nation’s poor, who despite the overall U.S. wealth struggle with inadequate access to healthcare, housing, and nutrition. This article suggests a two-part approach for remedying the charity/justice imbalance in the U.S.: First, the U.S. should eliminate the charitable tax deduction, a policy creation that does not effectively address economic and social needs, forces an inequitable poverty relief and tax burden on the middle class, and …
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
Shi-Ling Hsu
Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
John Pizzo
No abstract provided.
Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr
Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr
Robert Hupf Jr
The fight against nonconsensual genital “normalizing” surgery, a primary concern of the intersex community, has gained traction within recent years but needs more support from the larger LGBTQ movement. Using an allyship framework, this Article argues that any such support be based on the lived experiences, concerns, and voices of the intersex community itself; in the past, well-intentioned efforts have advocated for solutions other than those sought after by the community, oftentimes resulting in negligible or even harmful results. The solution sought after by the intersex community is an immediate moratorium on the practice of nonconsensual genital “normalizing” surgery, a …
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Al Alston
No abstract provided.
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Samuel C. Hodges
No abstract provided.
The Natural Rights Of Children, Walter E. Block
Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller
Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller
Betsy A Daniller
No abstract provided.
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Andrew Chongseh Kim
Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …
No Prisoner Left Behind? Enhancing Public Transparency Of Penal Institutions, Andrea Armstrong
No Prisoner Left Behind? Enhancing Public Transparency Of Penal Institutions, Andrea Armstrong
Andrea Armstrong
Prisoners suffer life-long debilitating effects of their incarceration, making them a subordinated class of people for life. This article examines how prison conditions facilitate subordination and concludes that enhancing transparency is the first step towards equality. Anti-subordination efforts led to enhanced transparency in schools, a similar but not identical institution. This article argues that federal school transparency measures provide a rudimentary and balanced framework for enhancing prison transparency.
“Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees”, Tung Sing Wong Mr.
“Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees”, Tung Sing Wong Mr.
Tung Sing Wong Mr.
The article focuses on whether driver’s licenses that North Carolina recently issued to Deferred Action for Childhood Arrivals (DACA) grantees are obstacle preempted. DACA grantees do not have legal status, but are protected from removal. North Carolina issued new driver’s licenses that publicize the immigration status of DACA grantees. The issue is whether a state can publish the immigration status of individuals who do not have legal status in the U.S., but are nonetheless protected from removal. Additionally, the article explores how the interaction of the North Carolina licenses with 287(g), Secured Communities, and recent state law such as Arizona's …
Future Of Legal Aid, Wayne Moore
Future Of Legal Aid, Wayne Moore
wayne moore
The Future of Legal Aid
Abstract
This article predicts the future of legal aid in the U.S. It begins by examining the tools other countries use for shaping the future of legal aid and explains why these methods will not work in the U.S. It also acknowledges that changes that require a significant increase in funding are not likely to occur in the foreseeable future. What’s left are methods that allow providers to do more with the resources they have, namely the adoption of systems. The U.S. is currently experiencing a revolution in the use of systems to expand and …
The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate
The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate
Kaleb D Wingate
The interpretation of the Second Amendment has been the subject of increased litigation throughout the last several years. Challenges to the Second Amendment and related legislation tend to create polarized responses from various political organizations. These responses, commonly in the form of votes in our legislative branch, impede the progress of reasonable measures to reduce instances of violence across the country. Addressing gun violence in our country must be a goal which exceeds the interest of any political affiliate or lobby. This article suggests reasonable measures our government can take to address the growing problems with gun violence in the …
The Dangerousness Of The Status Quo: A Case For Modernizing Civil Commitment Law, Daniel A. Moon
The Dangerousness Of The Status Quo: A Case For Modernizing Civil Commitment Law, Daniel A. Moon
Daniel C Moon
The states, private healthcare organizations, and those with psychiatric disorders are poorly served by the vague “dangerousness” standard endorsed by the United States Supreme Court in O’Connor v. Donaldson, as well as the state statutes that adhere to the high bar set in its holding. This paper explores involuntary civil commitment from a variety of perspectives in order to highlight these issues and to identify where improvements can be made. Specifically, this article proposes that the American Law Institute or the American Bar Association promulgate model rules intended to correct the system’s shortcomings and protect the various interested parties.
Privacy As A Tool For Antidiscrimination, Jessica Roberts
Privacy As A Tool For Antidiscrimination, Jessica Roberts
Jessica L. Roberts
Traditionally, laws that protect privacy and laws that prohibit discrimination have been considered distinct kinds of legal protections. This Essay challenges that binary on both practical and theoretical grounds. Using the Genetic Information Nondiscrimination Act (GINA) as a case study, it argues that lawmakers can use privacy law to further antidiscrimination goals. GINA, which prohibits genetic-information discrimination in health insurance and employment, does more than simply outlaw discriminatory conduct. It also prohibits employers from requiring—or even requesting—their employees’ genetic information. While GINA’s privacy and antidiscrimination protections have previously been viewed as discrete, this Essay reads them in concert, arguing that …
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
How To Create American Manufacturing Jobs, John D. Gleissner Esquire
How To Create American Manufacturing Jobs, John D. Gleissner Esquire
John D Gleissner Esquire
No abstract provided.
Social Capital: Friend Or Foe In The Lives Of Two Prominent Incarcerated Individuals, Froswa Booker-Drew
Social Capital: Friend Or Foe In The Lives Of Two Prominent Incarcerated Individuals, Froswa Booker-Drew
Froswa Booker-Drew
No abstract provided.
The Lawyer Rent-Seeker Myth And Public Policy, Teresa J. Schmid
The Lawyer Rent-Seeker Myth And Public Policy, Teresa J. Schmid
Teresa J Schmid
ABSTRACT Two enduring fallacies in public policy are that lawyers are rent seekers who impair rather than stimulate the economy, and that there are too many of them. While lawyers may disagree with the first premise, they tacitly accept the second. These two fallacies have led leaders in both the political and professional arenas to adopt policies that impair access to justice. This study documents the negative effects of those policies and recommends courses of action to reverse those effects.
Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum
Angela Goodrum
No abstract provided.
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee
Kendra H Fershee
In 1997, Congress passed the Adoption and Safe Families Act (ASFA) to stem what it perceived to be an overreliance by states on foster care to provide a safe place for children whose parents had been accused of abuse or neglect. Prior to ASFA, many children were placed in foster care for extended periods of time while their parents were evaluated for their fitness and rehabilitative efforts were made to reunify families. Congress considered the time children spent in foster care as damaging to them because it left them uncertain about where they would live in the future. Congress, in …
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
Neely M Peden
There has most definitely been a shift in the view of elite professionals within modern pop culture. Attorneys especially have come to face “anti-establishment” movement by popular culture. Those professions which used to be revered are now examples of ill-morals and ill-behavior. Indeed, popular culture goes out of its way to make villains out of attorneys by showing unprincipled characters in legal television shows or by churning out movies that revolve around attorneys whose lives and morals are so corrupt that they need to go through some sort of personal tragedy to be redeemed. It is this paper’s contention that …